PART I. Salary. Pension. Liability. judge die, he is to continue to act until a successor is appointed, or the Lord Chancellor otherwise orders, by whom his remuneration for so acting is to be settled (r). If during the absence of the judge his deputy is incapable of performing his duties, the Lord Chancellor may appoint another deputy in his place (s). No deputy judge, while he is acting as deputy (except it be in the Westminster County Court of Middlesex), may practise as a barrister in any court within the district for which he acts, or is entitled to act, as deputy (t). Judges may act for one another, within or without their respective districts (u). Salary.]-The salary of the judge of a county court was fixed at 1,2007. a year, by sect. 81 of 19 & 20 Vict. c. 108, with the exception of those judges mentioned in Schedule (D.); but by sect. 13 of 28 & 29 Vict. c. 99, the salaries of all the judges were increased by 3007. a year. All future judges will receive 1,500l. a year(x). Pension.-The Lord Chancellor may, on petition, recommend to the Commissioners of the Treasury that a pension, not exceeding two-thirds of the average amount of salary received during the then last five years, shall be paid to any judge who, he is satisfied, is afflicted with a permanent infirmity disabling him from the due execution of his office, and who is desirous of resigning (y). Liability.]-A judge is not answerable in an action for an erroneous judgment, unless he directs an act to be done when he has no jurisdiction; in which case he would be liable in trespass (z). Nor will the Court of Queen's Bench grant a criminal information against the judge of a county court who acts with irregularity, unless a corrupt motive is attributable to him (a). And an action of slander will not lie for words spoken by a judge while trying a cause (b). altered by 28 & 29 Vict. c. 99, s. 14, p. 404. (z) Houlden v. Smith, 14 Q. B. 841; S. C. 19 L. J., Q. B. 170. As to when a judge is entitled to notice of action, see post, p. 39. (a) In re- 16 Jur. 995. See also Reg. v. Marshall, 4 E. & B. 475. (b) Scott v. Stansfeld, L. R., 3 Ex. 220; S. C. 37 L. J., Ex. 155. Treasurer.]-The treasurer is appointed by the Com- CHAP. II. missioners of the Treasury, and is removable at their Treasurer. pleasure (c). No special qualification is necessary. The number of these officers originally appointed was twentythree, to each of whom a certain number of courts was assigned. By 29 Vict. c. 14, vacancies in the office are not to be filled up. See page 28. Duties.]-The duties of the treasurer consist in audit- Duties. ing, half-yearly, quarterly, or oftener if necessary, the accounts of the registrar of the court connected with the ordinary duties of his office (d); in receiving the balances of the various monies to be paid over to him; in disposing of the balance remaining in his hands, as directed by the Treasury (e); and in submitting annually to the Audit Board an account of his receipts and disbursements, with proper vouchers in respect of them (f). The account is then audited, and a statement of it transmitted to the Commissioners of the Treasury, upon whose warrant the account is made up and passed. It is then signed by two Commissioners of Audit, who are empowered to sign a certificate (g). He is required with the approval of the Commissioners of the Treasury, to build, purchase, hire, or otherwise provide courts and offices (h). All the real and personal property belonging to the court is vested in him and his successors in trust for the purposes of the court (i). The mode and form in which the treasurer is to audit the accounts of the courts, and to render his own accounts to the Commissioners of Audit, are prescribed by instructions given by the Lords of the Treasury in December, 1868, which were issued in lieu of those given in December, 1857 (j). (e) 9 & 10 Vict. c. 95, s. 23, p. 382. (d) Ib. s. 42, p. 396. In Burridge v. Nicholetts, 6 H. & N. 383; S. C. 30 L. J., Exch. 145, it was held, that where a registrar, to whom notice of the treasurer's intention to audit the books had been given, locked up his office and left at the time for closing appointed by the 6th Rule of Practice, the treasurer was justified in breaking open the office to get at the books. (e) 9 & 10 Vict. c. 95, s. 44, Salary.]-The salary of the treasurer is determined by the Treasury. It was originally charged on the Consolidated Fund, but is now voted annually (k). It varies from 700l. to 8501. Besides his salary, he receives the expenses he is out of pocket in travelling. He is also allowed for a clerk, but is bound to provide an office out of his salary. Superannuation.]-The Commissioners may, when they think efficiency and economy will be attained thereby, grant to a treasurer retiring a superannuation allowance, not exceeding such amount as may be granted to a civil servant under "The Superannuation Act, 1859," retiring upon medical certificate (1). Vacancy in Office of.]-By 29 Vict. c. 14, on a vacancy in the office of treasurer it is not to be filled (m), and the accounts of the officers of the court are to be examined by persons to be appointed by the Commissioners of the Treasury, under the supervision of a person to be named by them (n). They may make regulations for the keeping and rendering of such accounts, and for securing payment of such sums as they may from time to time direct into the Bank of England to the account of the Paymaster General, who is to carry them to an account to be called "The County Courts' Fund," out of which the Commissioners are to direct all necessary payments in respect of the courts to be made (o). The person under whose supervision the accounts are to be examined is to render once a year to the Commissioners of Audit an account in writing of the payments into and out of the said County Courts' Fund (p). The accounts of the said person are to be audited by the Commissioners of Audit in the same manner as the accounts of the treasurers are audited (q). All property vested in a treasurer in virtue of his office, on his ceasing to be treasurer, is to vest in such person or supervisor (r); and he is to per (k) 17 & 18 Vict. c. 94. (7) 29 Vict. c. 14, s. 3, p. 395. (n) Ib. s. 2, p. 382. The person the county court department of the (0) 29 Vict. c. 14, s. 5, p. 383. form the duties of a treasurer in respect to the purchase of land, and of providing court-houses and offices in those courts in which there shall be no treasurer, if directed to do so by the Commissioners of the Treasury (s). CHAP. II. Registrar.]—To each court at least one registrar is Registrar. appointed (t). In many cases one person had been appointed registrar to several courts (u). For the future, however, no registrar can be appointed to more than one court (x). Each registrar hereafter to be appointed must be resident in the district for which he is appointed (y). The qualification of a registrar is that he be an attorney Qualification. of one of the superior courts of common law (z). He is appointed by the judge of the court, subject to Appointment. the approval of the Lord Chancellor. No particular form of appointment is necessary. He is removable at the discretion of the Lord Chancellor (a). He may, on vacancy in the office of high bailiff, exercise its powers and duties (b). In populous districts the Lord Chancellor may direct. that two registrars shall be appointed to execute the office jointly (c). On the death, removal or resignation of one of them, the remaining registrar will be sole registrar unless the Lord Chancellor (d) shall otherwise order. Office.]-He must keep an office at each place where Office. the court of which he is registrar is held, except where the court is held in more than one town within its district, and the Lord Chancellor does not order an office to be opened in the second town (e), which office must be open every day, except Christmas-day, Good Friday, the Saturday next after Good Friday, or days appointed for (8) 29 Vict. c. 14, s. 9, p. 384. (t) 9 & 10 Vict. c. 95, s. 24, p. 384. (u) By sect. 9 of 19 & 20 Vict. c. 108, p. 385, the registrar of more than one court ceased on 1st October, 1856, to be the registrar of all but one of such courts; and by sect. 10 he is compensated for the loss of such offices; but if any such registrar had been a clerk of a court of requests, he is entitled to continue registrar of all his courts, unless he should think fit to resign them. (x) 19 & 20 Vict. c. 108, s. 8, p. 384. (b) 29 Vict. c. 14, s. 11, p. 389. (c) 9 & 10 Vict. c. 95, s. 25, p. 386. Where two registrars are appointed under this section, the death of one does not vacate the office as to the other. R. v. Wake, 8 E. & B. 384; S. C. 27 L. J., Q. B. 11. (d) 30 & 31 Vict. c. 142, s. 23, p. 386. (e) Rule 6. PART I. Duties. Books. a public fast, humiliation or thanksgiving, from ten o'clock in the morning until four in the afternoon, except on Saturdays, or some other day where Saturday is for local reasons inconvenient, when the office may be closed at one. The office may be closed also on any day ordered by the Lord Chancellor (ƒ). Duties.]-The registrar has the care of the court-house and offices, and may appoint and dismiss the servants to take charge thereof, at such salaries as are authorized by the judge, with the consent of the Commissioners of the Treasury (g). The Lord Chancellor, or Chancellor of the Duchy of Lancaster, as the case may be, may from time to time make orders for the attendance of the regis trar, his assistants, or deputies, during the sitting of the court, or otherwise (h). The registrar also, where in actions of contract the defendant does not appear, may, by leave of the judge, upon proof of service and of the debt being due and owing, enter up judgment by default, or judgment of nonsuit, or strike out or adjourn the cause, and with the like leave, in all cases where the defendant admits the claim, settle the terms upon which it is to be paid, and enter up judgment accordingly (i). The registrar must keep books for entries and accounts in the forms prescribed by the schedule to the rules (k). Every entry in these books must have a number prefixed corresponding with the number of the plaint to which it refers (7). In addition to this, he is required by the instructions issued by the Treasury, December, 1868, to keep and render to the treasurer of the court further accounts (m). He must also deliver quarterly to the treasurer, in such form as the treasurer, by the direction of the Commissioners of the Treasury, may require, a full account of all fees received by him under the 9 & 10 Vict. c. 95 (n). He must also pay over to the treasurer, quarterly or oftener, in every year, as he is desired by the Commissioners of the Treasury, the monies remaining in his hands over and above his own fees, and such balance as he is allowed by (f) Rule 5. (g) 9 & 10 Vict. c. 95, s. 55, p. 402. (h) 13 & 14 Vict. c. 61, s. 4, p. 385. 17, (i) 30 & 31 Vict. c. 142, ss. 16 & (k) Rule 7. By Rule 18, all the books of the court, as well as the (m) Ante, p. 27, note (j). |